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Persons learned in the law

each, as the

Kentucky.

the clerks of the district court of the next adjoining state receive for similar services.

3. That there shall be appointed, for each of the said courts, to be appoint a person, learned in the law, to act as attorney of the United ed to act as States, as well as for the territory, each of whom shall receive to receive the the same fees, both in civil and criminal cases, as are received attorneys, and same salary, by the district attornies of the United States, of the next adattorney for joining state, for similar services; and shall, moreover, receive, the district of as a full compensation for all extra services, annually, the same salary, as is provided, by law, for the district attorney of the district of Kentucky, to be paid, quarterly, by the treasury of the A marshal to United States. There shall, also, be appointed, for each of the be appointed said courts, a marshal, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, to which marshals, in other districts are entitled for similar services; and shall, in addition, be paid the sum of two hundred dollars annually, as a compensation for extra services; and shall, also, be subject to such regulations and penalties, as the legislative council shall impose, while acting under, Each judge to and in virtue of, the territorial laws. Each judge shall receive a salary of fifteen hundred dollars per annum, to be paid, quarterly, out of the treasury of the United States.

for each court.

receive 1500

dollars per

annum.

ganized and

court.

Senior judge to preside.

Said court may be adjourned, by

A court of ap- $4. That there shall be organized in said territory a court of peal to be orappeals, to be composed of the judges of the superior courts of composed of said territory, any two of whom shall be a quorum, and shall the judges of the superior hold, annually, at the seat of government of said territory, one session, commencing on the first Monday in January, in each and every year. The senior judge shall be the presiding judge of said court, and the other judges shall have precedence according to the date of their commissions, or where their commissions are of the same date, according to their respective ages. That the said court may, by any one of its judges being present, be adjourned, from day to day, until a quorum be convened; and if no one of its judges be present, by the marshal of said court, until a quorum be convened; and the district attorney, marshal, be convened. and clerk, of the superior court, of the middle district, shall be officers of the said court of appeals; and writs of error and appeal from the decision of the said court shall be made to the supreme court of the United States, in the same manner, and under the same regulations, as from the circuit courts of the United States, where the amount in controversy, to be ascertained by the oath or affirmation of either party, shall exceed one thousand dollars.

any one of its judges being present, from

day to day, until a quorum

So much of the act of which

atory, as re

quires the legislative council to commence its ses

5. That so much of the act, of which this is an amendment, this is amend as requires the legislative council of said territory to commence its sessions on the first Monday in May, in each and every year, be, and the same is hereby, repealed; and the said legislative council shall, bereafter, hold a session in every year commencing on the second Monday in November, in each and every year, but shall not continue longer in session than four weeks after the first session, which shall not continue longer than eight weeks; to be held at the seat of government in said territory, or at such other place or places as the governor and council may, from time to time, direct.

sions on the

first Monday in May, repealed.

pealed.

$ 6. That so much of the act, of which this is an amendment, Part of the as requires that the governor of Florida shall not leave the terri- former act retory without the permission of the president of the United States, be, and the same is hereby, repealed. [Approved, May 26, 1824.]

CHAP. 164. An act granting donations of land to certain actual settlers in the territory of Fio

rida.

certaining ti

Florida autho

ceive and exa

ted to them

tricts.

1. Be it enacted, &c. That the commissioners for ascertain- The commising titles and claims to lands in Florida, be, and they are here- sioners for asby, authorized and required, within their respective districts, and tles to lands in in addition to their former duties, to receive and examine all rized and re-claims that may be presented to them, and the evidence in sup- quired to report of each of such claims, founded on habitation and cultivation of any tract of land, town, or city lot, or out-lot, by any per- claims presenson, being the head of a family, and twenty-one years of age, within their who, on the twenty-second day of February, one thousand eight respective dishundred and nineteen, actually inhabited and cultivated such tract of land, or actually cultivated and improved such lot, or who, on that day, cultivated any tract of land in the vicinity of any town or city, having a permanent residence in such town or city, in said territory; and to grant certificates of confirmation for any tract of land thus inhabited and cultivated, or cultivated by any person of the above description, residing in any town or city in the vicinity of the tract so cultivated; which land shall be located in an entire body, as nearly as possible, in conformity to the surveys of the contiguous public lands, and so as to embrace the principal improvements then made on any tract so claimed, and shall not exceed in quantity six hundred and forty acres: And it shall also be the duty of said commissioners to re- Duty of said ceive claims to land founded on habitation and cultivation, com- ers. menced between the twenty-second of February, one thousand eight hundred and nineteen, and the seventeenth of July, one thousand eight hundred and twenty-one, when Florida was surrendered to the United States, and evidence in support of the same; and to report an abstract of all such claims to congress, and of the claims by them confirmed, to the secretary of the treasury; and the claims merely reported on, shall be laid before congress at their next session, with the evidence of the time, nature, and extent, of such inhabitation and cultivation, in each case, and the extent of the claim: Provided, That no claim shall Proviso. be received, confirmed, or reported, to congress, by the said commissioners, for confirmation, in favor of any person, or the legal representatives of any person, who claims any tract of land in said territory, by virtue of any written evidence of title derived from either the British or Spanish government. [Approved, May 26, 1824.]

CHAP. 165. An act to authorize the state of Indiana to open a canal through the public lands, to connect the navigation of the rivers Wabash and the Miami of lake Erie.

conmission

1. Be it enacted, &c. That the state of Indiana be, and is A route for a hereby, authorized to survey and mark, through the public lands canal to be of the United States, the route of a canal, by which to connect marked, by

surveyed and

which the na- the navigation of the rivers Wabash and Miami of lake Erie; vigation of the Wabash and and ninety feet of land, on each side of said canal, shall be reMiami of lake served from sale on the part of the United States, and the use thereof, forever, be vested in the state aforesaid, for a canal, and for no other purpose whatever.

Erie may be connected.

The reserva

tion and
said canal be

to be void, if

not completed in twelve years.

Proviso.

Proviso.

Each section of land

through which said canal may

§ 2. That, if the said state shall not survey, and direct by law said canal to be opened, and furnish the commissioner of the general land office a map thereof, within three years from and after the date of this act; or, if the said canal be not completed, suitable for navigation, within twelve years thereafter; or, if said land, hereby granted, shall ever cease to be used and occupied for the purpose of constructing and keeping in repair a canal, suitable for navigation; the reservation and grant aforesaid shall be void, and of none effect: Provided, That nothing in this act contained, or [that] shall be done in pursuance thereof, shall be deemed to imply any obligation on the part of the United States, to appropriate money to defray the expense of surveying or opening said canal: And provided likewise, That the said canal, when completed, shall be, and forever remain, a public highway, for the use of the government of the United States, free from any toll or charge whatever, for any property of the United States, or persons in their service, on public business, passing through the same.

3. That every section of land through which said canal route may pass, shall be, and the same is hereby, reserved from future sale, under the direction of the commissioner of the genepass, to be re- ral land office, until hereafter specially directed by law; and the said state is hereby authorized, without waste, to use any materials on the public lands adjacent to said canal, that may be necessary for its construction. [Approved, May 26, 1824.]

served from

future sale.

Vol. iii. p. 1718.

Counties to compose a part of the

western, instead of the eastern, judi

CHAP. 167. An act to alter the judicial districts of Virginia, and for other purposes.

1. Be it enacted, &c. That the following counties in the state of Virginia shall cease to be a part of the eastern judicial district of Virginia, and shall be added to, and form a part of, the western district, that is to say: the counties of Botetourt, Rockcial district of bridge, Alleghany, Bath, Pendleton, Augusta, Rockingham, SheVirginia. nandoah, Frederick, Jefferson, Berkley, Morgan, Hampshire, and Hardy; and that, in addition to the terms of the district court now holden in the western district, the judge of the said western district shall hold two terms in each year, at Staunton, in the county of Augusta.

Times and places fixed for the holding of

the courts.

Course to be

2. That the terms of the courts in the said western district shall be held on the days and at the places hereinafter mentioned, viz at Staunton, on the second Mondays in April and September; at Wythe Court House, on the third Mondays in April and September; at Lewisburg, on the fourth Mondays in April and September; and at Clarksburg, on the fourth Mondays in May and October, in each year.

3. That if the judge shall not attend on the first day of any adopted should court, such court shall stand adjourned, from day to day, for the judge not three days, if the same cause continue; after which time, if the

attend.

judge still fail to attend, the court shall stand adjourned until the first day of the next term.

for

said judge.

4. That the judge of said court shall have power to hold Power of the special sessions, at his discretion, at either of the said places, the trial of civil or criminal cases. [Approved, May 26, 1824.]

CHAP. 168. An act for altering the time of holding the circuit court of the United States for the fourth circuit in the Maryland district.

circuit court in

tered.

$1. Be it enacted, &c. That the terms of the circuit court of Terms of the the United States for the fourth circuit in the district of Mary- the district of land, which are now directed by law to be holden on the first Maryland, alday of May and seventh day of November, in each year, shall be hereafter holden on the eighth days of May and December in each year, except where such days shall occur on Sunday, when the terms of the said court shall commence and be holden on the next succeeding day.

to be held on

$2. That the first session of the said circuit court, after the First session passage of this act, shall be held on the eighth day of December, the 8th Dein the year eighteen hundred and twenty-four.

cember, 1824.

returnable to

3. That all process which may have issued, or which may All processes, hereafter issue returnable to the next succeeding terms, as here- be held tofore established, shall be held returnable, and be returned, to the terms apthose terms to which they are severally changed by this act. this act. pointed by [Approved, May 26, 1824.]

CHAP. 169. An act granting to the counties or parishes of each state and territory of the United States, in which the public lands are situated, the right of pre-emption to quarter sections of land, for seats of justice, within the same.

one quarter

several coun

1. Be it enacted, &c. That there be granted to the several The right of counties or parishes of each state and territory of the United pre-emption to States, where there are public lands, at the minimum price for section of land which public lands of the United States are sold, the right of granted to the pre-emption to one quarter section of land, in each of the coun- ties of each ties or parishes, of said states and territories, in trust for said state, &c. counties or parishes, respectively, for the establishment of seats of justice therein: Provided, The proceeds of the sale of each of Proviso. said quarter sections shall be appropriated for the purpose of erecting public buildings in the county or parish for which it is located, after deducting therefrom the amount originally paid for the same: And provided further, That the seat of jus- Proviso. tice for said counties or parishes, respectively, shall be fixed previously to a sale of the adjoining lands within the county or parish for which the same is located.

2. That so much of such acts, heretofore passed, granting to Parts of other states rights of pre-emption, for county or parish purposes, as acts repealed. require said seats of justice to be continued at or near the centre of each of said counties or parishes, be, and the same is hereby, repealed. [Approved, May 26, 1824.]

CHAP. 170. An act to alter the judicial districts of Pennsylvania, and for other purposes. Vol. iii. 1708. 1717. § 1. Be it enacted, &c. That the following counties in the state certain counof Pennsylvania shall cease to be a part of the eastern judicial ties to VOL. III.

226

compose

western, in

cial district of

a part of the district of Pennsylvania, and shall be added to, and form a part stead of the of, the western district; that is to say: Susquehanna, Bradford, eastern judi- Tioga, Union, Northumberland, Columbia, Luzerne, and LycoPennsylvania. ming: and that, besides the terms of the district court directed by law to be held at Pittsburg, for the western district, the judge of the said western district shall, hold two terms in every year, at William's Port, in the county of Lycoming, which shall commence on the first Mondays of the months of June and October, in each and every year, beginning in October next, and be continued and adjourned from time to time, as the court may deem expedient for the despatch of the business thereof. Approved, May 26, 1824.]

Time and place of holding the courts.

Public lands

into a new

CHAP. 171. An act to establish an additional land office in the state of Missouri.

1. Be it enacted, &c. That so much of the public lands of to be formed the United States included in the present district of St. Louis, land district. in the state of Missouri as lies within the following boundaries, to wit: Beginning on the Mississippi river, between townships numbered forty-eight and forty-nine, thence west to the range line between ranges ten and eleven; thence north to the township line between townships numbered fifty-two and fifty-three; thence west to the range line between ranges thirteen and fourteen; thence north to the northern boundary line of the state of Missouri; thence east with the state line to the river Desmoines; thence, with the river Desmoines and the state line, to the Mississippi river; thence, with and down the Mississippi river to the place of beginning, so as to include all the islands within the limits of the state of Missouri, shall be formed into a new land district, to be called "The district of Salt River," and, for the sale of the public lands within the district hereby constituted, there shall be a land office established at such place, within the said district, as the president of the United States may designate.

appointed.

A register and 2. That there shall be a register and receiver appointed to receiver to be said office to superintend the sales of public lands in the said district, and who shall reside at the place where said office is established, give security in the same manner and sums, and whose compensation, emoluments, duties, and authorities, shall, in every respect, be the same, in relation to the lands to be disposed of, at their offices, as are or may be, by law, provided, in relation to the registers and receivers of public moneys, in the several offices established for the sale of the public lands.

All lands em

braced within

said district

been offered

3. That all such public lands, embraced within the district created by this act, which shall have been offered for sale to the which have highest bidder, at St. Louis, pursuant to any proclamation of the for sale pur- president of the United States, and which lands remain unsold at suant to any the taking effect of this act, shall be subject to be entered and proclamation of the presi- sold, at private sale, by the proper officer or officers of the land dent, and now office hereby created, in the same manner, and subject to the liable to be same terms and upon the like conditions, as the sales of said disposed of at lands would have been subjected to, in the land office at St. private sale. Louis, had they remained attached to that office. [Approved,

remain unsold,

May 26, 1824.]

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